Trial Procedures
The title that the judge must always be addressed with
What is "Your Honor"?
What is the objection: testimony of a witness must proceed by a question and answer?
What is Narration
Hearsay
What is out of court statement being used to prove the truth of the matter asserted?
Rule 401
What is relevant evidence?
On direct questioning, the attorney asks General LeMay, "You saw evidence of drill presses in the burned out residential neighborhoods didn't you?”
What is a leading question?
This side first gets to deliver its opening statements
What is the plaintiff?
The rule that prevents one from asking cross questions related to matters that did not come up in direct examination
What is "Scope of Cross Examination" Rule 611b
Admission by a party opponent is not hearsay
What is rule 801d(2)?
404a
What is character evidence?
While discussing the bombing campaign in the Pacific, the lawyer on cross-examination asks: "General LeMay, your wife and you had been having some trouble in your marriage, hadn't you?"
What is relevance?
When can re-cross questions be asked?
Only if re-direct questions are asked
Hearsay exception: Statement relating to a startling event/condition while the declarant was under the stress from the event/condition
What is 803(2) Excited utterance
Testimony by experts
what is rule 703?
602
What is Lack of personal knowledge?
Lawyer on direct questioning asks the witness, "General LeMay, what was going through that bombing commander's mind?"
What is speculation?
The side of the courtroom that the defendant sits on
What is opposite to side from the Jury?
Rule 403
What is more prejudicial than probative?
Leadings questions can only be used on cross examination
What is rule 611c?
1101
Argumentative and Badgering
Lawyer on direct questioning asks, “What did General Arnold tell you to do?”
What is hearsay?
The number of minutes you have to ask direct questions
25 Minutes
Must be based on the witnesses rationally based perception.
What is rule 701: Opinion of a lay witness
Hearsay within hearsay
What is rule 805?
1107
Unfair extrapolation
Lawyer asks on crossexamination,
"We all know you murdered a man in your youth General LeMay, and that tendency never went away did it? You were a murderer the and a mass murderer now."
What is character evidence?